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Contents

Part I PRELIMINARY

Part II FORMS

Part III GENERAL PROVISIONS RELATING TO FORMS AND OTHER DOCUMENTS

Part IV AUDIT

Part IV (Deleted)

Part V JUDICIAL MANAGEMENT

PETITIONS

PROOFS

MEETINGS OF CREDITORS IN RELATION TO A JUDICIAL MANAGEMENT

ADMISSION AND REJECTION OF PROOFS AND APPEAL TO THE COURT

COMMITTEE OF CREDITORS

Part VI MISCELLANEOUS

Part VII REVOCATION

FIRST SCHEDULE

SECOND SCHEDULE

Legislative History

 
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On 22/05/2013, you requested for the version in force on 22/05/2013 incorporating all amendments published on or before 22/05/2013. The closest version currently available is that of 01/03/2009.
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ADMISSION AND REJECTION OF PROOFS AND APPEAL TO THE COURT
Notice to creditors to prove
78.  For the purposes of section 227N of the Act, the judicial manager in any judicial management shall from time to time fix a day (which shall not be less than 14 days from the date of the notice) on or before which the creditors of the company are to prove their debts or claims, and the judicial manager shall give notice of the day so fixed in the Gazette in accordance with Form 63S in the Second Schedule and in one English and one Chinese local daily newspaper and also notice in writing of such day in accordance with Form 63T or 63U in the Second Schedule to every person who to the knowledge of the judicial manager claims to be a creditor of the company and whose claim has not been admitted or to every person mentioned in the statement of affairs as a creditor who has not proved his debt.
Examination of proof
79.  The judicial manager shall examine every proof of debt lodged with him and the grounds of the debt, and shall in writing admit or reject it, in whole or in part, or require further evidence in support of it. If he rejects a proof he shall state in writing in accordance with Form 63V in the Second Schedule to the creditor the grounds of the rejection.
Appeal by creditor
80.  If a creditor is dissatisfied with the decision of the judicial manager in respect of a proof, the Court may, on the application of the creditor, reverse or vary the decision; but subject to the power of the Court to extend the time, no application to reverse or vary the decision of the judicial manager in a judicial management by the Court rejecting a proof sent to him by a creditor, or person claiming to be a creditor, shall be entertained, unless notice of the application is given before the expiration of 21 days from the date of the service of the notice of rejection.
Expunging at instance of judicial manager
81.  If the judicial manager thinks that a proof has been improperly admitted, the Court may, on the application of the judicial manager, after notice to the creditor who made the proof, expunge the proof or reduce its amount.
Expunging at instance of creditor
82.  The Court may also expunge or reduce a proof upon the application of a creditor if the judicial manager declines to interfere in the matter.
Oaths
83.  For the purpose of any of his duties in relation to proofs, the judicial manager may administer oaths and take affidavits.
Procedure where creditor appeals
84.  The judicial manager shall, within 3 days after receiving notice from a creditor of his intention to appeal against a decision rejecting a proof, file such proof with the Court, with a memorandum thereon of his disallowance thereof.
Costs of appeal against rejection
85.  The judicial manager shall in no case be personally liable for costs in relation to an appeal from his decision rejecting any proof wholly or in part.